Brett Trout

JANUARY 17, 2025

Implications for the Intellectual Property and Legal Community The FTCs lawsuit against Deere raises important questions about how intellectual property rights intersect with antitrust law and consumer protection. Efficiency: Immediate access to repair tools means faster fixes and less downtime.

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Brett Trout

JUNE 24, 2025

Brett Trout A federal court in San Francisco just handed down a ruling that is shaking up authors and AI users alike. What the Court Said In his opinion issued yesterday, Judge Alsup ruled training AI models on books qualifies as “fair use” under U.S. According to the court, the AI was not copying the books word-for-word.

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Clio

DECEMBER 18, 2024

As for the legal briefing on your own cases, book a demo with Clio to see how our practice management solution can help you keep case information and documents organized and boost your productivity. Unlike legal briefs , case briefs are not submitted to the court or opposing counsel. What is a case brief?

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Eric Goldman

FEBRUARY 27, 2025

The plaintiffs allege that Confirm ID violates the Illinois Biometric Information Privacy Act (BIPA). Thus, lawsuits like this expose the damned-if-you-do, damned-if-you-don’t dilemma facing Internet services who are compelled to do age authentication. Second, the court turns to the TOS formation question.

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Eric Goldman

OCTOBER 22, 2024

NBA.com passed along video viewing information to Facebook using the Facebook Pixel, including “(1) the title of the NBA.com video a user watched, (2) that video’s URL, and (3) the user’s “Facebook ID” (FID)—a number unique to each individual Facebook account.” ” The plaintiffs sued for VPPA violations. ” I disagree.

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Brett Trout

APRIL 21, 2025

Court of Appeals for the Federal Circuit (the main court for resolving patent issues) issued a significant decision in Recentive Analytics, Inc. The Court’s Analysis Applying the two-step framework from Alice Corp. Brett Trout On April 18, 2025, the U.S. Fox Corp. (No.

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Brett Trout

MARCH 3, 2025

Brett Trout In a significant decision for copyright law and legal technology, Judge Stephanos Bibas granted partial summary judgment in favor of Thomson Reuters, rejecting ROSS Intelligences fair use defense in a closely watched lawsuit over the use of Westlaws legal content. Whats Next?

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Brett Trout

JULY 15, 2025

Prepare for Litigation Draft contracts that account for AI-generated trade secrets Work with counsel to ensure NDAs and IP clauses hold up in court If a breach happens, move fast—evidence disappears quickly 5. Brett Trout What is a Trade Secret? laws, like the Defend Trade Secrets Act, offer some protection.

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Brett Trout

JUNE 12, 2025

What the courts want now is a technological blueprint : a narrative that spells out the detailed how —not just the what —behind your invention. But what did the court see? Brett Trout If your AI patent application stops at “we used machine learning to solve X,” you’re already losing. Here’s how to build it. The reason?

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Brett Trout

FEBRUARY 4, 2025

has filed a lawsuit against Walgreens Co. District Court for the Eastern District of Texas, alleging infringement of three patents related to real-time retail technology. In its lawsuit, Alpha Modus accuses Walgreens of infringing the following patents: U.S. Brett Trout In a high-stakes patent litigation case, Alpha Modus Corp.

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Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. Courts have widely rejected claims that AI models themselves are unlawful derivatives of the copyrighted works they were trained on. [3]

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Brett Trout

FEBRUARY 3, 2025

While you want your patent lawyer to zealously represent your interests in court, having a lawyer who is too aggressive can backfire spectacularly. A recent court order in the case of Symbology Innovations LLC v. For these reasons, the court found Symbologys attorney in violation of Rule 11(b)(2).

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Brett Trout

JUNE 18, 2025

If that part ends up on social media or in the middle of a lawsuit, a single photo could trace it back to the exact machine—and possibly the person—who printed it. Can courts order access to your 3D printer data? Could this become part of 3D printing lawsuit investigations? These aren’t hypothetical questions anymore.

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Eric Goldman

MAY 20, 2025

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.

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Eric Goldman

APRIL 11, 2025

According to Pandabuy’s website, “All the searched products are from third party platforms, Pandabuy only provides information search, agent shopping and shipping services. Pandabuy initially no-showed in the case, so the court converted the TRO to a preliminary injunction. The court distinguishes Atari v.

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Eric Goldman

DECEMBER 20, 2024

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. Prior blog post.

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Justia Legal Marketing & Technology blog

MAY 23, 2025

For law firm websites, HTTPS protects sensitive information and builds trust by showing users that the site is safe and secure. Additionally, failing to comply with accessibility standards can lead to legal consequences, as courts have ruled that ADA requirements apply to websites.

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Debevoise Data Blog

JUNE 4, 2025

In this blog post, we provide an overview of the technologies that plaintiffs most commonly target for CIPA lawsuits and measures that companies can take to mitigate their CIPA litigation risk. Courts receptions to these claims have varied. Session Replays. and are often used to enhance website design and identify bugs.

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Clio

APRIL 17, 2025

By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight. These predictions are based on analysis of large datasets, often including judicial decisions, court filings, case law, and other legal data. The result?

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Eric Goldman

JULY 9, 2025

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. Eric’s note: for a discussion about these physical-space adjacencies, see this paper.]

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MatterSuite

MAY 22, 2025

Preserving Client Confidentiality at All Costs Conflict checks act as a safeguard, preventing accidental misuse of privileged information across cases, protecting both client trust and the firm from breaches of attorney-client privilege.

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Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one. They tried again, to no avail.

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Eric Goldman

MARCH 20, 2025

Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The district court said “There are elements of both [clickwrap and sign-in-wrap] here.” This is another example where courts will be quite unforgiving about any idiosyncracies in the TOS formation process.

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Brett Trout

JULY 9, 2025

While there are many attorneys capable of registering your trademark, it is a good idea to choose a trademark attorney with extensive experience with not only prosecuting trademarks before the Patent and Trademark Office, but also one with experience litigating trademark disputes in federal court.

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Percipient

JANUARY 20, 2025

This adaptability makes machine learning a key part of legal AI as it helps professionals make informed decisions faster while reducing the chance of oversight. For litigation lawyers, it can predict how a case might play out in court, which makes it easier to decide if its worth settling or going all the way.

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Eric Goldman

NOVEMBER 25, 2024

” Toyota cited the 2020 Bose decision, which said that online marketplace alleged counterfeiters could be analogized to BitTorrent infringers, where courts have held that joinder against BitTorrent participants can be supported when they are all part of the same swarm. The rule establishes the standard.

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lennyesq

JUNE 20, 2025

announced on Monday that Sean Mescall, 46, of Newburgh, New York, who stole the funds between April 2022 and January, pleaded guilty in the New York State Supreme Court to one count of grand larceny in the third degree and one count of scheme to defraud in the first degree. He is expected to serve between two and six years in prison.

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Eric Goldman

JUNE 6, 2025

In April, the court ruled on Microsoft and OpenAI’s motions to dismiss. The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. The court agreed. Opinion at 17. Universal City Studios, Inc.,

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Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

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Debevoise Data Blog

NOVEMBER 4, 2024

The case stems from a complaint filed in the Eastern District of Pennsylvania by Penn State’s Chief Information Officer (“CIO”). The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. Penn State and DOJ reached a $1.25 Additionally, U.S.

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Eric Goldman

MARCH 4, 2025

It claims that 7News Australia downloaded videos from YouTube, stripped out the copyright management information (CMI), and incorporated the videos into its own videos that it uploaded to YouTube. The court says that Viral DRM doesn’t have standing to enforce the copyright. Case Citation : Viral DRM LLC v. Seven West Media Ltd.,

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Eric Goldman

APRIL 12, 2025

The court is unclear about how Joybuy operates, but it appears that Joybuy (via the entity JD) runs its own online marketplace. The court says that Joybuy sufficiently established that it ran its own online marketplace and thus qualified as a service provider.

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lennyesq

FEBRUARY 12, 2025

Electronic Frontier Foundation Lawsuit Argues Defendants Violated the Privacy Act by Disclosing Sensitive Data NEW YORKEFF and a coalition of privacy defenders led by Lex Lumina filed a lawsuit today asking a federal court to stop the U.S. Read more…

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Eric Goldman

APRIL 21, 2025

In early 2024, the court granted a preliminary injunction against the law going into effect. Borrowing heavily from its prior opinion, the court has now granted the permanent injunction. Ohio enacted a segregate-and-suppress law that requires regulated websites to obtain parental consent before minors can access certain site features.

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Eric Goldman

DECEMBER 6, 2024

Supreme Court, with uncertain prospects, so this is probably not the final word on the matter–or possibly even an important one. This doesn’t sound right–when a law survive strict scrutiny, it’s likely the court didn’t actually apply the scrutiny as vigorously as it should.

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Justia Legal Marketing & Technology blog

DECEMBER 17, 2024

Before going deep into the process of filing a claim or lawsuit, an accident victim or their family may want to learn about some of the key laws and regulations in this area. The Truck Accidents Legal Center at Justia provides this information, as well as practical safety tips. Here are some answers to basic questions that might arise.

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Eric Goldman

NOVEMBER 27, 2024

informally called the “Yelp Law” (as in, it protected consumers’ rights to post reviews on Yelp). At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. My primer on that law.

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